What will happen if my wife files separately and I file jointly but don't include her incom.

[spotboy1996]

My wife just submitted her taxes, but she filed as Married, Filing Separately. What will happen if I file as married filing jointly?? Will they reject both returns or just the one that was filed last??

[Mike9241]

you will have a mess on your hands. 

1. An individual may not file a joint tax return without the consent of the marital partner.
2. Filing a joint tax return without the consent of the marital partner is a crime.
3. Similarly, signing her name on the return without her consent is considered forgery, which is also a crime.
4. If a joint return was filed without her consent, the IRS will automatically deem the non-consensual joint tax return to be fraudulent.
5. If the IRS decides that you filed a joint return intentionally and without her consent, you may face hefty financial penalties.
6. In addition, if the IRS decides that you filed the joint return intentionally and without her consent, you could find out what a jail cell looks like from the inside

having listed all these things, I can be sure exactly what the IRS will do when it gets "your" joint return along with her MFS return. certainly, something will be done because "your" joint return is missing her income. 

[GeorgeDenseff]

It will not efile because her social security number will already be in the system.